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(영문) 서울중앙지방법원 2020.06.11 2019가단5072324

손해배상(기)

Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 18,00,000 and Defendant B with respect thereto from July 24, 2019.

Reasons

1. Basic facts

A. On September 30, 2018, the Plaintiff entered into a contract with Defendant B, a licensed real estate agent, to lease No. 60 million won of a lease deposit (hereinafter “instant lease contract”) among the multi-household buildings of 6th Gwanak-gu, Seoul Special Metropolitan City (hereinafter “instant building”) with Defendant D as a broker, and occupied the F on the same day after paying all of the deposit money, and obtained a fixed date on October 24, 2018.

B. Defendant B entered into a mutual aid agreement with Defendant C Association (hereinafter “Defendant Association”) which is a mutual aid business entity established to guarantee the broker’s liability for damages, setting a mutual aid agreement between KRW 100 million and the period of mutual aid, from June 28, 2018 to June 27, 2019.

C. At the time of the instant lease agreement, there were six senior collateral security (total maximum debt amount of KRW 814 million) and three lease registration (total lease deposit of KRW 1550 million) on the instant building. A number of lessees were employed as a multi-family house of approximately 23 households, and there were several lessees. The registration of compulsory commencement of auction (Seoul Central District Court and G and H) on October 25, 2017 and the registration of voluntary commencement of auction (Seoul Central District Court I) on July 20, 2018.

In the description of confirmation of the object of brokerage attached to the instant lease agreement, the phrase “the column of ownership” includes only the lessor’s personal information, and there is no separate entry of the registration of the commencement of auction on the said three occasions, and the term “rights other than ownership” means the following: “The current real estate has been inevitably notified to the lessee because important matters recorded in the registry are not indicated in the entire matters other than ownership.” The current real estate has been inevitably notified to the lessee; the building ledger of the present building and the current registration of the entire registered matters, which are valid, are to be delivered to the lessee; the lessee shall accept them; and “the lessee shall have the right to the real property or the rights that have not been publicly notified.